1. Definitions
1.1) “24 Design & Print” shall mean its successors and assigns or any person acting on behalf of, and with the authority of 24 Design & Print.
1.2) “Customer” shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorization, or other form as provided by 24 Design & Print to the Customer.
1.3) “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.
1.4) “Goods” shall mean Goods supplied by 24 Design & Print to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorization or any other forms as provided by 24 Design & Print to the Customer.
1.5) “Services” shall mean all Services supplied by 24 Design & Print to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.6) “Price” shall mean the price payable for the Goods as agreed between 24 Design & Print and the Customer in accordance with clause 4 of this contract.
2. The Commonwealth Trade Practices Act 1974 (“TPA”) and Fair Trading Acts (“FTA”)
2.1) Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
3. Acceptance
3.1) Any instructions received by 24 Design & Print from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by 24 Design & Print shall constitute acceptance of the terms and conditions contained herein.
3.2) Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
3.3) Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of 24 Design & Print.
3.4) The Customer shall give 24 Design & Print not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address, facsimile number, or business practice). The Customer shall be liable for any loss incurred by 24 Design & Print as a result of the Customer’s failure to comply with this clause.
3.5) Goods are supplied by 24 Design & Print only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Customer’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.
4. Price and Payment
4.1) At 24 Design & Print’s sole discretion, the
Price shall be either:
(a) as indicated on invoices provided by 24 Design & Print to the Customer
in respect of Goods supplied; or
(b) 24 Design & Print’s current price at the date of delivery of the Goods
accordingly to 24 Design & Print’s current Price list; or
(c) 24 Design & Print’s quoted Price (subject to clause 4.2) which shall be
binding upon 24 Design & Print provided that the Customer shall accept 24
Design & Print’s quotation in writing within thirty (30) days.
4.2) 24 Design & Print reserves the right to change the Price in the event of a variation to 24 Design & Print’s quotation.
4.3) At 24 Design & Print’s sole discretion a deposit may be required.
4.4) At 24 Design & Print’s sole discretion:
(a) payment shall be due before delivery of the Goods; or
(b) payment for approved Customers shall be made by instalments in accordance
with 24 Design & Print’s payment schedule; or
(c) payment for approved Customer’s shall be due thirty (30) days following the
date of the invoice.
4.5) Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.
4.6) Payment will be made by credit card (plus a surcharge of up to three percent (3%) of the Price), or by direct credit, or by any other method as agreed to between the Customer and 24 Design & Print。
4.7) GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
5. Delivery Of Goods
5.1) At 24 Design & Print’s sole discretion delivery
of the Goods shall take place when:
(a) the Customer takes possession of the Goods at 24 Design & Print’s address;
or
(b) the Customer takes possession of the Goods at the Customer’s nominated
address (in the event that the Goods are delivered by 24 Design & Print or 24
Design & Print’s nominated carrier).
5.2) At 24 Design & Print’s sole discretion the costs
of delivery are:
(a) in addition to the Price; or
(b) for the Customer’s account.
5.3) The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then 24 Design & Print shall be entitled to charge a reasonable fee for re-delivery.
5.4) Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
5.5) 24 Design & Print may deliver the Goods by separate installments. Each separate installment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
5.6) The failure of 24 Design & Print to deliver shall not entitle either party to treat this contract as repudiated.
5.7) 24 Design & Print shall not be liable for any loss or damage whatever due to failure by 24 Design & Print to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of 24 Design & Print.
6. Risk
6.1) If 24 Design & Print retains ownership of the Goods nonetheless, all risk for the Goods passes to the Customer on delivery.
6.2) If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, 24 Design & Print is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by 24 Design & Print is sufficient evidence of 24 Design & Print’s rights to receive the insurance proceeds without the need for any person dealing with 24 Design & Print to make further enquiries.
6.3) Whilst every care is taken by 24 Design & Print to carry out the instructions of the Customer, it is the Customers responsibility to undertake a final proof reading of the Goods. 24 Design & Print shall be under no liability whatever for any errors not corrected by the Customer in the final proof reading. Should the Customers alterations require additional proofs this shall be invoiced as an extra.
7. Title
7.1) 24 Design & Print and Customer agree that
ownership of the Goods shall not pass until:
(a) the Customer has paid 24 Design & Print all amounts owing for the
particular Goods; and
(b) the Customer has met all other obligations due by the Customer to 24 Design
& Print in respect of all contracts between 24 Design & Print and the
Customer.
7.2) Receipt by 24 Design & Print of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honored, cleared or recognized and until then 24 Design & Print’s ownership or rights in respect of the Goods shall continue.
7.3) It is further agreed that:
(a) where practicable the Goods shall be kept separate and identifiable until 24
Design & Print’s shall have received payment and all other obligations of
the Customer are met; and
(b) until such time as ownership of the Goods shall pass from 24 Design &
Print to the Customer 24 Design & Print may give notice in writing to the
Customer to return the Goods or any of them to 24 Design & Print. Upon such
notice the rights of the Customer to obtain ownership or any other interest in
the Goods shall cease; and
(c) 24 Design & Print shall have the right of stopping the Goods in transit
whether or not delivery has been made; and
(d) if the Customer fails to return the Goods to 24 Design & Print then 24
Design & Print or 24 Design & Print’s agent may enter upon and into
land and premises owned, occupied or used by the Customer, or any premises as
the invitee of the Customer, where the Goods are situated and take possession
of the Goods; and
(e) the Customer is only a bailee of the Goods and until such time as 24 Design
& Print has received payment in full for the Goods then the Customer shall
hold any proceeds from the sale or disposal of the Goods, up to and including
the amount the Customer owes to Half Price Print for the Goods, on trust for 24
Design & Print; and
(f) the Customer shall not deal with the money of 24 Design & Print in any
way which may be adverse to 24 Design & Print; and
(g) the Customer shall not charge the Goods in any way nor grant nor otherwise
give any interest in the Goods while they remain the property of 24 Design
& Print; and
(h) 24 Design & Print can issue proceedings to recover the Price of the
Goods sold notwithstanding that ownership of the Goods may not have passed to
the Customer; and
(i) until such time that ownership in the Goods passes to the Customer, if the
Goods are converted into other products, the parties agree that 24 Design &
Print will be the owner of the end products.
8. Defects
8.1) The Customer shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify 24 Design & Print of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford 24 Design & Print an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which 24 Design & Print has agreed in writing that the Customer is entitled to reject, 24 Design & Print’s liability is limited to either (at 24 Design & Print’s discretion) replacing the Goods or repairing the Goods except where the Customer has acquired Goods as a consumer within the meaning of the Trade Practices Act 1974 (CWith) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion either a refund of the purchase price of the Goods, or repair of the Goods, or replacement of the Goods.
8.2) Goods will not be accepted for return other than in accordance with 8.1 above.
9. Warranty
9.1) To the extent permitted by statute, no warranty is given by 24 Design & Print as to the quality or suitability of the Goods for any purpose and any implied warranty, is expressly excluded. 24 Design & Print shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.
10. Intellectual Property
10.1) Where 24 Design & Print has designed, drawn or written Goods for the Customer, then the copyright in those designs and drawings and documents shall remain vested in 24 Design & Print, and shall only be used by the Customer at 24 Design & Print’s discretion.
10.2) The Customer warrants that all designs or instructions to 24 Design & Print will not cause 24 Design & Print to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify 24 Design & Print against any action taken by a third party 24 Design & Print in respect of any such infringement.
11. Default & Consequences of Default
11.1) Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.
11.2) If the Customer defaults in payment of any invoice when due, the Customer shall indemnify 24 Design & Print from and against all costs and disbursements incurred by 24 Design & Print in pursuing the debt including legal costs on a solicitor and own client basis and 24 Design & Print’s collection agency costs.
11.3) Without prejudice to any other remedies 24 Design & Print may have, if at any time the Customer is in breach of any obligation (including those relating to payment), 24 Design & Print may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions. 24 Design & Print will not be liable to the Customer for any loss or damage the Customer suffers 24 Design & Print has exercised its rights under this clause.
11.4) If any account remains overdue after thirty (30) days then an amount of the greater of thirty dollars ($30.00) or ten percent (10.00%) of the amount overdue (up to a maximum of one hundred dollars ($100.00)) shall be levied for administration fees which sum shall become immediately due and payable.
11.5) Without prejudice to 24 Design & Print’s other
remedies at law 24 Design & Print shall be entitled to cancel all or any
part of any order of the Customer which remains unfulfilled and all amounts
owing to 24 Design & Print shall, whether or not due for payment, become
immediately payable in the event that:
(a) any money payable to 24 Design & Print becomes overdue, or in 24 Design
& Print’s opinion the Customer will be unable to meet its payments as they
fall due; or
(b) the Customer becomes insolvent, convenes a meeting with its creditors or
proposes or enters into an arrangement with creditors, or makes an assignment
for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar
person is appointed in respect of the Customer or any asset of the Customer.
12. Security and Charge
12.1) Despite anything to the contrary contained herein
or any other rights which 24 Design & Print may have howsoever:
(a) where the Customer and/or the Guarantor (if any) is the owner of land,
realty or any other asset capable of being charged, both the Customer and/or
the Guarantor agree to mortgage and/or charge all of their joint and/or several
interest in the said land, realty or any other asset to 24 Design & Print or
24 Design & Print’s nominee to secure all amounts and other monetary
obligations payable under these terms and conditions. The Customer and/or the
Guarantor acknowledge and agree that 24 Design & Print(or 24 Design &
Print’s nominee) shall be entitled to lodge where appropriate a caveat, which
caveat shall be withdrawn once all payments and other monetary obligations
payable here-under have been met.
(b) should 24 Design & Print elect to proceed in any manner in accordance
with this clause and/or its sub-clauses, the Customer and/or Guarantor shall
indemnify 24 Design & Print from and against all 24 Design & Print’s costs
and disbursements including legal costs on a solicitor and own client basis.
(c) the Customer and/or the Guarantor (if any) agree to irrevocably nominate
constitute and appoint 24 Design & Print or 24 Design & Print’s nominee
as the Customer’s and/or Guarantor’s true and lawful attorney to perform all
necessary acts to give effect to the provisions of this clause 12.1.
13. Cancellation
13.1) 24 Design & Print may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice 24 Design & Print shall repay to the Customer any sums paid in respect of the Price. 24 Design & Print shall not be liable for any loss or damage whatever arising from such cancellation.
13.2) In the event that the Customer cancels delivery of
Goods the Customer shall be liable for any loss incurred by 24 Design & Print
(including, but not limited to, any loss of profits) up to the time of
cancellation.
(a)payment and/or status in relation to provision of Goods; and/or
(d) processing of any payment instructions, direct debit facilities and/or
credit facilities requested by Customer; and/or
(e) enabling the daily operation of Customer’s account and/or the collection of
amounts outstanding in the Customer’s account in relation to the Goods.
14. General
14.1) If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
14.2) These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria and are subject to the jurisdiction of the courts of Victoria.
14.3) 24 Design & Print shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by 24 Design & Print of these terms and conditions.
14.4) In the event of any breach of this contract by 24 Design & Print the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
14.5) The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by 24 Design & Print.
14.6) 24 Design & Print may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
14.7) The Customer agrees that 24 Design & Print may review these terms and conditions at any time. If following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which 24 Design & Print notifies the Customer of such change.
14.8) Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
14.9) The failure by 24 Design & Print to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect 24 Design & Print’s right to subsequently enforce that provision.
15. Return & Refund Policy
15. 1) Returns
(a)You have 30 calendar days to return an item from the
date you received it.
(b)To be eligible for a return, your item must be unused and in the same
condition that you received it.
(c)Your item must be in the original packaging.
(d)Your item needs to have the receipt or proof of purchase.
15. 2) Refunds
(a)Once we receive your item, we will inspect it and
notify you that we have received your returned item. We will immediately notify
you on the status of your refund after inspecting the item.
(b)If your return is approved, we will initiate a refund to your credit card
(or original method of payment).
(c)You will receive the credit within a certain amount of days, depending on
your card issuer's policies.
15. 3) Shipping
(a)You will be responsible for paying for your own
shipping costs for returning your item. Shipping costs are non-refundable.
(b)If you receive a refund, the cost of return shipping will be deducted from
your refund.